An end to the political question doctrine in Korea? a comparative analysis /

by 1970- Kim, Myeongsik

Abstract (Summary)

The political question doctrine is one of the controversial issues in Korea and
U.S. The most important point is, however, that the current trend on political questions in
Korea is in line with that of American judicial activism. In other words, both countries
are trying to narrow the range of the doctrine. Nonetheless, the two are proceeding in
sharply opposite directions. Fully matured, even excessively extended American judicial
activism should return to the classical separation of powers doctrine. In contrast, a
developing Korean judicial activism should be accelerated by the support and
encouragement of the people, in support of the belief that the constitutional adjudication
system is the last resort for protection of the constitutional rights of the people. These
contradicting views on the political question urge reconsideration of the status of the
judiciary and its role in democratic society.